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MISSOURI STATUTES AND CODES

199.200. Procedure in circuit court--duties of local prosecuting officers--costs--emergency temporary commitment, procedures.

Procedure in circuit court--duties of local prosecutingofficers--costs--emergency temporary commitment, procedures.

199.200. 1. Upon filing of the petition, the court shall set thematter down for a hearing either during term time or in vacation, whichtime shall be not less than five days nor more than fifteen days subsequentto filing. A copy of the petition together with summons stating the timeand place of hearing shall be served upon the person three days or moreprior to the time set for the hearing. Any X-ray picture and report of anywritten report relating to sputum examinations certified by the departmentof health and senior services or local board shall be admissible inevidence without the necessity of the personal testimony of the person orpersons making the examination and report.

2. The prosecuting attorney or the city attorney shall act as legalcounsel for their respective local boards in this proceeding and suchauthority is hereby granted. The court shall appoint legal counsel for theindividual named in the petition if requested to do so if such individualis unable to employ counsel.

3. All court costs incurred in proceedings under sections 199.170 to199.270, including examinations required by order of the court butexcluding examinations procured by the person named in the petition, shallbe borne by the county in which the proceedings are brought.

4. Summons shall be served by the sheriff of the county in whichproceedings under sections 199.170 to 199.270 are initiated and returnthereof shall be made as in other civil cases.

5. Upon the filing of an ex parte petition for emergency temporarycommitment pursuant to subsection 3 of section 199.180, the court shallhear the matter within ninety-six hours of such filing. The local boardshall have the authority to detain the individual named in the petitionpending the court's ruling on the ex parte petition for emergency temporarycommitment. If the petition is granted, the individual named in thepetition shall be confined in a facility designated by the curators of theUniversity of Missouri in accordance with section 199.230 until a fullhearing pursuant to subsections 1 to 4 of this section is held.

(L. 1961 p. 518 ยง 3, A.L. 2001 S.B. 266)

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